BILL NUMBER: AB 234	CHAPTERED  06/01/99

	CHAPTER   31
	FILED WITH SECRETARY OF STATE   JUNE 1, 1999
	APPROVED BY GOVERNOR   JUNE 1, 1999
	PASSED THE SENATE   MAY 24, 1999
	PASSED THE ASSEMBLY   MARCH 25, 1999

INTRODUCED BY   Assembly Member Lowenthal

                        JANUARY 28, 1999

   An act to amend Section 11105.3 of the Penal Code, relating to
crime prevention.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 234, Lowenthal.  Criminal history information:  access by
public housing authority.
   Existing law authorizes local law enforcement agencies to furnish
state summary criminal history information for the purpose of
screening prospective residents and prospective and current staff of
a regional, county, city, or other local public housing authority, at
the request of the chief executive officer of the authority or his
or her designee, upon a showing by the authority that it operates
housing at which children under the age of 18 years reside or
operates housing for persons categorized as aged, blind, or disabled.

   This bill would also provide that a public housing authority would
be entitled to receive criminal summary history information upon a
showing by the authority that the authority manages a Section 8
housing program.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11105.03 of the Penal Code is amended to read:

   11105.03.  (a) Subject to the requirements and conditions set
forth in this section and Section 11105, local law enforcement
agencies are hereby authorized to provide state criminal summary
history information obtained through CLETS for the purpose of
screening prospective participants and prospective and current staff
of a regional, county, city, or other local public housing authority,
at the request of the chief executive officer of the authority or
his or her designee, upon a showing by that authority that the
authority manages a Section 8 housing program pursuant to federal law
(U.S.  Housing Act of 1937), or operates housing at which children
under the age of 18 years reside or operates housing for persons
categorized as aged, blind, or disabled.
   (b) The following requirements shall apply to information released
by local law enforcement agencies pursuant to subdivision (a):
   (1) Local law enforcement agencies shall not release any
information unless it relates to a conviction for a serious felony,
as defined in subdivision (c) of Section 1192.7, a conviction for any
offense punishable under Section 273.5, 422.6, 422.7, 422.75, 422.9,
1170.75, 12020, 12021, or 12021.1, a conviction under Section 273.6
that involves a violation of a protective order, as defined in
Section 6218 of the Family Code, or a conviction for any felony
offense that involves controlled substances or alcoholic beverages,
or any felony offense that involves any activity related to
controlled substances or alcoholic beverages, or a conviction for any
offense that involves domestic violence, as defined in Section
13700.
   (2) Local law enforcement agencies shall not release any
information concerning any arrest for an offense that did not result
in a conviction.
   (3) Local law enforcement agencies shall not release any
information concerning any offense committed by a person who was
under 18 years of age at the time he or she committed the offense.
   (4) Local law enforcement agencies shall release any information
concerning any conviction or release from custody that occurred
within 10 years of the date on which the request for information is
submitted to the Attorney General, unless the conviction was based
upon a felony offense that involved controlled substances or
alcoholic beverages or a felony offense that involved any activity
related to controlled substances or alcoholic beverages.  Where a
conviction was based on any of these felony offenses, local law
enforcement agencies shall release any information concerning this
conviction if the conviction occurred within five years of the date
on which a request for the information was submitted.
   (5) Notwithstanding paragraph (4), if information that meets the
requirements of paragraphs (2) to (4), inclusive, is located and the
information reveals a conviction of an offense specified in paragraph
(1), local law enforcement agencies shall release all summary
criminal history information concerning the person whether or not the
information meets the requirements of paragraph (4), provided,
however, that the information meets the requirements of paragraphs
(1) to (3), inclusive.
   (6) Information released to the local public housing authority
pursuant to this section shall also be released to parole or
probation officers at the same time.
   (c) State summary criminal history information shall be used by
the chief executive officer of the housing authority or a designee
only for purposes of identifying prospective participants in
subsidized programs and prospective and current staff who have access
to residences, whose criminal history is likely to pose a risk to
children under the age of 18 years or persons categorized as aged,
blind, or disabled living in the housing operated by the authority.
   (d) If a housing authority obtains summary criminal history
information for the purpose of screening a prospective participant
pursuant to this section, it shall review and evaluate that
information in the context of other available information and shall
not evaluate the person's suitability as a prospective participant
based solely on his or her past criminal history.
   (e) If a housing authority determines that a prospective
participant is not eligible as a resident, it shall promptly notify
him or her of the basis for its determination and, upon request,
shall provide him or her within a reasonable time after the
determination is made with an opportunity for an informal hearing on
the determination in accordance with Section 960.207 of Title 24 of
the Code of Federal Regulations.
   (f) Any information obtained from state summary criminal history
information pursuant to this section is confidential and the
recipient public housing authority shall not disclose or use the
information for any purpose other than that authorized by this
section.  The state summary criminal history information in the
possession of the authority and all copies made from it shall be
destroyed not more than 30 days after the authority's final decision
whether to act on the housing status of the individual to whom the
information relates.
   (g) The local public housing authority receiving state summary
criminal history information pursuant to this section shall adopt
regulations governing the receipt, maintenance, and use of the
information.  The regulations shall include provisions that require
notice that the authority has access to criminal records of
participants and employees who have access to programs.
   (h) Use of this information is to be consistent with Title 24 of
the Code of Federal Regulations and the current regulations adopted
by the housing authority using the information.
   (i) Nothing in this section shall be construed to require a
housing authority to request and review an applicant's criminal
history.
   (j) The California Housing Authorities Association, after
compiling data from all public housing authorities that receive
summary criminal information pursuant to this chapter, shall report
its findings based upon this data to the Legislature prior to January
1, 2000.
